By Dr. Ken Broda Bahm: I have a confession to make: I cannot resist joining political arguments on social media. I know, I know, no one ever changes their minds and nearly all discussions end in stalemate. But for a student of psychology, argumentation, and persuasion, they can be pretty illuminating nonetheless. And the biggest takeaway […]
Ask About News Sources in Voir Dire Read More »
By Dr. Ken Broda Bahm: One of the core narratives of our nation is that we are a melting pot, e pluribus unum and all. Today, however, we see our modern reality as more of a “mosaic” or “quilt” owing to the notion that the pieces don’t “melt,” but retain their uniqueness. The result is diversity, and a diversity in
Don’t Expect Reliable Juror Differences Based on National Origin Read More »
By Dr. Ken Broda Bahm: The internet age has brought new tools but also new concerns to the task of jury selection. The ubiquity of social media and other forms of online presence has meant that lawyers, trial consultants, and other specialists now can and frequently do consider that information when selecting a jury. But that
Protect Juror Privacy But Don’t Ignore Public Information Read More »
By Dr. Ken Broda Bahm: The rational legal model would say that jury selection should work something like this: The attorney asks if any of the potential jurors have any current knowledge or views on the case or the parties. The question is purely neutral and doesn’t, in the process, give away any knowledge or suggest
Move Beyond the Myths of Voir Dire Read More »
By Dr. Ken Broda Bahm: In a pending battle of the Tech-Titans, Oracle is seeking $1 billion in damages in a copyright case on application programming, and Google is claiming a fair use defense. With those household names facing off, one would think that the case would warrant some additional time and process for voir dire —
Make Greater Use of Juror Questionnaires Read More »
By Dr. Ken Broda Bahm: In 1620, Francis Bacon wrote in Novum Organum, “The human understanding when it has once adopted an opinion…draws all things else to support and agree with it. And though there be an increasing number and weight of instances to be found on the other side, yet these it either neglects or
Reject Your Confirmation Bias (Or At Least Try To) Read More »
By Dr. Ken Broda Bahm: Social scientists who measure public opinion for a living tend to love forced choice questions. By asking respondents whether they “support” or “oppose” an increased military response in Syria and Iraq, for example, you avoid having too many go for the soft squishy middle of being “not sure.” Of course
Use Forced Choice in Oral Voir Dire Read More »
By Dr. Ken Broda Bahm: As the potential jurors file into the courtroom, religious signs are often evident: crosses, headscarves, yarmulkes, T-shirts, religious books. Even without those explicit advertisements, religious views can often be inferred based on demographics, demeanor, or the venue’s statistics. Those religious beliefs can become an overt issue in voir dire in
Don’t Equate Religiosity and Morality Read More »
By Dr. Ken Broda Bahm: The ability to remove a potential juror from your jury without giving a reason is precious…to trial attorneys and their consultants. To the extent the rest of the public is aware of peremptory strikes, however, they’re less likely to support them. At first blush, after all, the ability to prevent
Fight for Your Strikes Read More »
By Dr. Ken Broda Bahm: At a time of heightened attention toward the disproportionate impact of law enforcement on African-American communities, it matters that prosecutors in many of the same communities appear to be actively limiting the participation of African-Americans on juries. In an illuminating new article, the New York Times reports on a study of strikes
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